Ninth Circuit – Page 46

The district court’s factual findings regarding “historical trauma” and the impact of Native American culture on the voluntariness of Woody’s statements were clearly erroneous. A “‘finding is clearly erroneous when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.’” Anderson v. City of Bessemer City, N.C., 470 U.S. 564, 573 (1985) (quoting United States v. United States Gypsum Co., 333 U.S. 364, 395 (1948)). Here, the district court relied on expert testimony from Dr. David McIntyre, who opined that Native Americans are susceptible to coercion during questioning because of cultural differences and “historical trauma.” Yet during crossexamination, Dr. McIntyre acknowledged that his “very broad generalizations about Native Americans” could not be attributed to Woody specifically and conceded that Woody had not been diagnosed with historical trauma because “[t]here is no such diagnosis.” Because these characteristics could not be attributed to Woody individually, the district court erred in relying on them to support its finding that Woody’s will had been overborne.

Briefs:

Answer Brief

Opening Brief

Ninth Circuit Rejects Habeas Petition of Native Man Sentenced to Death

June 13, 2016June 13, 2016Matthew L.M. Fletcher

Here is the opinion in Runningeagle v. Ryan.

Ninth Circuit Rejects Challenge to Federal Approval of Tule Wind Project over Eagle-Based Challenge

June 7, 2016Matthew L.M. Fletcher

Here is the opinion in Protect Our Communities v. Jewell.

From the syllabus:

The panel affirmed the district court’s summary judgment in favor of federal agencies and officials and intervenor Tule Wind, LLC in an action challenging the Bureau of Land Management’s decision to grant a right-of-way on federal lands in southeast San Diego County, permitting Tule Wind to construct and operate a wind energy project.

Briefs:

POC Opening Brief

Backcountry Against Dumps Opening Brief

Answer Brief

POC Reply

Related lower court materials here.

Oral Argument Video in CFPB v. Great Plains Lending

June 7, 2016Matthew L.M. Fletcher

Here. Audio here.

Briefs here.

Lower court materials here.

Ninth Circuit Holds Timbisha Leadership Dispute Mooted by Adoption of New Constitution

May 27, 2016May 27, 2016Matthew L.M. Fletcher1 Comment

Here is the opinion in Timbisha Shoshone Tribe v. Dept. of Interior.

The court’s syllabus:

The panel dismissed, as moot, an appeal from the district court’s dismissal of a case challenging the Department of the Interior’s recognition of the election results for leadership authority over the Timbisha Shoshone Tribe. The panel held that the Tribe’s recent adoption of a new constitution, which overhauled tribal membership requirements, mooted the appeal because there was no chance that a remand to the Bureau of Indian Affairs would make any difference whatsoever in the election results.

Briefs here.